The authorities concerned removed three justices of the High Court Division from the judiciary in 2019 on allegations of corruption and serious misconduct and were refrained from performing judicial activities pending investigation.
However, they are enjoying all government facilities including salaries and state protocols, even if they are no longer in the judiciary.
In August 2019, the then chief justice Syed Mahmud Hossain, in consultation with the President of the Republic, asked the three High Court judges - Justice Salma Masud Chowdhury, Justice Quazi Reza-Ul Hoque and Justice AKM Zahirul Hoque -to refrain from judicial activities, following allegations of "irregularities in disposing of some cases". Since then, the inquiries into the alleged misconduct of the judges have been awaiting disposal.
After almost four years, no final decision has been taken regarding the three judges. The judges are, however, enjoying all the privileges as SC judges - except holding courts - as they have been on 'forced leave' since August 22, 2019 and are not given courts as per the decision of the Appellate Division judges.
A total of 27 Supreme Court officials are attached to these judges as supporting staff. A total of 25 out of 27 are still with them and a bench officer and an assistant bench officer were transferred elsewhere recently, according to the sources.
It is known that a judge of the High Court Division receives monthly gross salary of around Tk 230,000 including basic salary of Tk 95,000, house rent and other allowances. Along with this, get unlimited medical allowance, telephone bill and other benefits.
At least 9 staff members are attached to a HC Division judge. At least Tk 10 crore have been spent on the three judges along with the salaries and allowances of these supporting officers and employees for about last four years.
But, not a single case was tried in their hands. As a result, about Tk 10 crore people's money has already been wasted. But no one can say for sure when the final decision will come about them.
Former Appellate Division Judge Md Abdul Matin expressed concern over not doing anything in disposing of the matter relating to the three judges terming it 'dangerous and unjust' for the judges in question.
As the remunerations of the three judges are paid by the taxpayers' money they have the right to get service from the judges as well, Matin said.
Justice Matin said that the President should expeditiously dispose of the matter. As they should not be kept out of duty for an indefinite period and thus deprive the people of their judicial services.
On January 27 in 2021, Jatiya Pati Member of Parliament Mujibul Haque informed the Jatiya Sangsad about the three judges saying that the three judges, who were removed from judiciary, took all the benefits of the state, took salary but did not work. People don't know if there is a complaint against them. What is the system to know this, if there is a complaint against them, then what is the system - he asked.
Responding to this question, Law Minister Anisul Huq then said, "I agree with the member of parliament that this issue should be addressed. I want to tell the members of Parliament that this matter is on the way to be resolved.'
More than two years have passed since that speech given in Parliament. But the issue of this three judges is yet to be resolved.
Attorney general AM Amin Uddin said that nothing could be done until the proceedings regarding the three judges were completed.
Amin, however, said that he did not know about the allegations against the judges.
'Only the President and the Chief Justice know the matter,' Amin said, adding, 'I came to know that the Chief Justice and the President exchanged letters about the judges.'
Amin, however, said that there were definitely 'some problems' which prompted the Chief Justice to send a letter to the President.
'I don't know what the chief justice wrote in the letter as it is confidential,' he added.
According to Supreme Court sources, these three judges were on leave for a few days after being relieved of duty in August 2019. Later they did not take leave. Sometimes they come to the office room allotted to them in the Supreme Court and stay for a few hours and leave.
The three judges are near their retirement time with the proceedings pending for an unprecedented and inordinate delay while Salma is scheduled to retire on December 13, 2024, Reza on November 28, 2025 and Zahirul on January 31, 2026. It is doubtful whether the complaints will be settled before their retirement.
